In this article we discuss the political and economic consequences of the contemporary legal theory of incorporation. We argue that incorporation has developed historically in a way that makes it internally inconsistent, but that this inconsistency is useful for the powerful because of its legal and economic effects. The corporation can “shape shift,” which is very helpful for claiming some rights and disavowing certain responsibilities. Of course this flexibility comes at the expense of consistent concepts and this leads to the (...) creation of what we term an “ideal‐type reified singular representation.” We go on to show the far‐reaching effects of this representation for legal studies, economics, and political theory, and show it worked in the pro‐corporate decision in the recent Citizens United case. We conclude by providing several alternative ways to think about the nature of corporate organization. (shrink)

What could a political phenomenology look like? Recent attempts to address this question under the rubric “critical phenomenology” have centered primarily around important issues such as the lived experience of marginalization and oppression or the ways in which power asymmetries or structural biases are internalized, habitualized, and embodied. In this paper, I will take a different route and test the impact of Husserl’s account of the state against the background of key classical and contemporary political theories. I aim to show (...) that Husserl indeed provides some conceptual requisites for an original phenomenological social ontology of the state. By furnishing analyses of the social formation that constitutes the stately body politic, Husserl helps us see the limitations of the standard, broadly Weberian, conception of the state underlying much of contemporary political theorizing. Moreover, Husserl provides an interesting alternative to both naturalistic and social contract theories of the state. However, against more optimistic readings, I argue that Husserl’s idealistic conception of the state, which is implicitly modelled on his notion of the “love community,” ultimately fails as a political theory, particularly when it comes to accounting for the struggle of recognition and the agonistic nature of politics. (shrink)

Recovering a marginal body of pluralist political thought from early twentieth-century India, this article explores how the question of popular sovereignty shaped the federalist reconfiguration of the anticolonial democratic project. The turn to federalism was facilitated by the Indian reckoning with Hegel in the late nineteenth century, which led to the diagnosis that the universality ascribed to monist sovereignty relies on a “unilinear” theory of development. Through a sustained engagement with British pluralist and American progressive thought, Indian federalist thinkers eventually (...) developed a many-willed conception of the people. In so doing, they hoped to overcome the denial of Indian peoplehood on the ground of its lack of national unity and historical backwardness. However, the alternative source of sovereignty the federalists pointed to—plural and many-willed—stood in tension with their simultaneous pursuit of a people speaking in one voice. In this way, the constitutive tension of the pluralist conception of sovereignty came strikingly alive in the colonial world. (shrink)

This lecture presents the text of the speech about the genealogy of the modern state delivered by the author at the 2008 British Academy Lecture. It explains that to investigate the genealogy of the state is to discover that there has never been any agreed concept to which the word state has answered. The lecture suggests that any moral or political term that has become so deeply enmeshed in so many ideological disputes over such a long period of time is (...) bound to resist any efforts at definition. (shrink)

El propósito del presente trabajo consiste en explicar por qué Hobbes adopta una perspectiva corporativista para dar cuenta de la dinámica social y política que opera al interior del Leviatán. En concreto, intentaremos demostrar cómo el ordenamiento de la sociedad política en sistemas conducidos por representantes le permite a Hobbes establecer ciertas pautas en el desenvolvimiento de los conflictos públicos, fundamentalmente, la asignación de responsabilidades. A su vez, como hipótesis subsidiaria, argüiremos que el rol de la teoría de la representación (...) es central en la medida en que Hobbes no pretende eliminar la disputa política como tal, sino tan sólo deshacerse de su modalidad irregular. (shrink)

The background thesis is that an implicit ontology of the people and the relation between the people and the state often shapes how we think in normative terms about politics. This article attempts to defend that thesis in relation to Rawls. The argument is that the rejection of an image of the people as a group agent connects with his objection to utilitarianism and the rejection of an image of the people as a mere aggregate connects with his objection to (...) libertarianism. Rawls, it is argued, holds by an in-between picture and it is this that explains many of his most distinctive commitments. Key Words: Rawls • social ontology • group agent • solidarism • singularism • civicity. (shrink)

Can groups be rational agents over and above their individual members? We argue that group agents are distinguished by their capacity to mimic the way in which individual agents act and that this capacity must “supervene” on the group members' contributions. But what is the nature of this supervenience relation? Focusing on group judgments, we argue that, for a group to be rational, its judgment on a particular proposition cannot generally be a function of the members' individual judgments on that (...) proposition. Rather, it must be a function of their individual sets of judgments across many propositions. So knowing what the group members individually think about some proposition does not generally tell us how the group collectively adjudicates that proposition: the supervenience relation must be “setwise,” not “proposition‐wise.” Our account preserves the individualistic view that group agency is nothing mysterious but also suggests that a group agent may hold judgments that are not directly continuous with its members' corresponding individual judgments. (shrink)

Group agents have been represented as expressive fictions by those who treat ascriptions of agency to groups as metaphorical; as pragmatic fictions by those who think that the agency ascribed to groups belongs in the first place to a distinct individual or set of individuals; and as theoretical fictions by those who think that postulating group agents serves no indispensable role in our theory of the social world. This paper identifies, criticizes and rejects each of these views, defending a strong (...) realist position. (shrink)

While researchers in business ethics, moral philosophy, and jurisprudence have advanced the study of corporate agency, there have been very few attempts to bring together insights from these and other disciplines in the pages of the Journal of Business Ethics. By introducing to an audience of business ethics scholars the work of outstanding authors working outside the field, this interdisciplinary special issue addresses this lacuna. Its aim is to encourage the formulation of innovative arguments that reinvigorate the study of corporate (...) agency and stimulate further cross-fertilization of ideas between business ethics, law, philosophy, and other disciplines. (shrink)

Even though revolutions are central to the history of modern constitutionalism, some revolutions have invited more attention than others. This essay, a response to a symposium on India’s Founding Moment, underlines the significance of India’s constitutional founding and highlights ways in which India’s founders sought to create and develop democracy in a land where its supposed ingredients did not exist. The essay then turns to contemporary politics and considers the possibilities and limitations of the constitutional framework to address the current (...) concerns over democratic backsliding in India. (shrink)

In this article we discuss the political and economic consequences of the contemporary legal theory of incorporation. We argue that incorporation has developed historically in a way that makes it internally inconsistent, but that this inconsistency is useful for the powerful because of its legal and economic effects. The corporation can “shape shift,” which is very helpful for claiming some rights and disavowing certain responsibilities. Of course this flexibility comes at the expense of consistent concepts and this leads to the (...) creation of what we term an “ideal‐type reified singular representation.” We go on to show the far‐reaching effects of this representation for legal studies, economics, and political theory, and show it worked in the pro‐corporate decision in the recent Citizens United case. We conclude by providing several alternative ways to think about the nature of corporate organization. (shrink)

Hedley Bull, in the passage in The Anarchical Society which introduces the ‘three competing traditions of thought’ associated with the articulation of the modern states-system, cited Otto von Gierke as the originator of this influential way of organising international theory. This article examines Gierke's work in order to assess the extent of the influence on the English School that can be ascribed to him. It argues that in fact Gierke's version of the three traditions bears little resemblance to that of (...) Bull, and that by ‘international society’ Gierke was referring to confederal structures of political power. Through an analysis of a significant strand of American revolutionary thought, the paper seeks to demonstrate the potential that further attention to the Gierkean understanding of international society could have for advancing the English School's research programme and building on its achievements. (shrink)

This article will consider some notions of governance and explore some of the issues of political ordering, particularly those relating to sovereignty and authority, that they tend to challenge, sideline, or seek to transcend. It does so primarily through an examination of the ways in which these notions have been employed to explain and/or endorse reforms in the organization and role of the public administration in certain liberal democratic states, most notably Britain. It concludes that Hobbesian conceptions of ‘state’ ‘sovereignty’ (...) and ‘authority’ still matter and have by no means been eclipsed by the development of governance. (shrink)

This article is a critical analysis of the pluralist legacy in modern political discourse. The article argues that this legacy imposes conceptual constraints on empirical and normative inquiry into current forms of human belonging and interaction, a predicament most evident today in the field of global political theory. It is argued that this is due to a lasting preoccupation in the pluralist legacy with the vexed question of unity in plurality. The article analyzes the pluralist legacy historically and conceptually, by (...) tracing influential varieties of group theory in modern political discourse, from early British pluralism to mid-century interest group theory, to theories of participatory democracy and group identity, to recent theories of global politics. This review hopes to show how the question of unity in plurality has informed theorizing within as well as across different contexts, and where this leaves us today. To conclude, the article offers some suggestions as to what might be needed in order to move beyond the pluralist legacy, arguing that this would involve a wholesale change of perspectives on the question of unity in plurality, for the benefit of empirical and normative inquiry into current conditions in world politics. (shrink)

This article is a critical analysis of the pluralist legacy in modern political discourse. The article argues that this legacy imposes conceptual constraints on empirical and normative inquiry into current forms of human belonging and interaction, a predicament most evident today in the field of global political theory. It is argued that this is due to a lasting preoccupation in the pluralist legacy with the vexed question of unity in plurality. The article analyzes the pluralist legacy historically and conceptually, by (...) tracing influential varieties of group theory in modern political discourse, from early British pluralism to mid-century interest group theory, to theories of participatory democracy and group identity, to recent theories of global politics. This review hopes to show how the question of unity in plurality has informed theorizing within as well as across different contexts, and where this leaves us today. To conclude, the article offers some suggestions as to what might be needed in order to move beyond the pluralist legacy, arguing that this would involve a wholesale change of perspectives on the question of unity in plurality, for the benefit of empirical and normative inquiry into current conditions in world politics. (shrink)

In this paper, I aim to show that analytic philosophy can contribute to the theological discussion of ecclesiology. By considering recent analytic work on social ontology, I outline how we might think of the Church as one entity, constituted by many disparate parts. The paper begins with an overview of the theological constraints for the paper, and then proceeds to examine recent work on the philosophy of social ontology and group agency. Drawing on this literature, I outline three models of (...) social ontology from the history of philosophy and suggest reasons why all of them fail to provide an account of the Church’s agency. Finally, I develop an alternative model which, I suggest, better fits the conditions stipulated. (shrink)

This article is a critical analysis of the pluralist legacy in modern political discourse. The article argues that this legacy imposes conceptual constraints on empirical and normative inquiry into current forms of human belonging and interaction, a predicament most evident today in the field of global political theory. It is argued that this is due to a lasting preoccupation in the pluralist legacy with the vexed question of unity in plurality. The article analyzes the pluralist legacy historically and conceptually, by (...) tracing influential varieties of group theory in modern political discourse, from early British pluralism to mid-century interest group theory, to theories of participatory democracy and group identity, to recent theories of global politics. This review hopes to show how the question of unity in plurality has informed theorizing within as well as across different contexts, and where this leaves us today. To conclude, the article offers some suggestions as to what might be needed in order to move beyond the pluralist legacy, arguing that this would involve a wholesale change of perspectives on the question of unity in plurality, for the benefit of empirical and normative inquiry into current conditions in world politics. (shrink)

My intention is to demonstrate how Hobbes’ attempts to adapt two ancient institutions from Roman Law to his own time and knowledge of theology and philosophy. Treason could be quite significant within the context of Hobbes’ understanding of the figure of the sovereign and sovereignty. The central part of the text is an endeavor to ascertain the source and unconditional condition for treason as such, within the framework of Hobbes’ theory of representation which he writes about in Chapter 16 of (...) the Leviathan. The act or performance in which we could perhaps recognize a traitorous gesture could be found in the so-called paradox of representation. The “traitor” breaks the chain of the transfer of power and empowerment, thus stops representation, and puts an end to speaking in the name of the other. If it is possible to discover whether this is possible and whether speaking and acting in one’s own name always carries elements of treason, then we can conclude that differing forms of “direct” speech and action are “acts of treason.” In that case, what interests me is whether “treason” is found within the heart of representative democracy, and thus if it is de facto an integral part of a democratic order and society. (shrink)

In regard to the explanation of actions that are governed by institutional rules, John R. Searle introduces the notion of a mental “background” that is supposed to explain how persons can acquire the capacity of following such rules. I argue that Searle’s internalism about the mind and the resulting poverty of his conception of the background keep him from putting forward a convincing explanation of the normative features of institutional action. Drawing on competing conceptions of the background of Heidegger and (...) Wittgenstein, I propose to revise Searle’s conception. The background of institutional agency can only provide a convincing explanation if it includes the context of actions and intersubjective structures of a shared life-world. I suggest that a further development of this idea would lead to the identification of the background with a web of social recognition. (shrink)

This article, originally a preface to the French edition of Carl Schmitt’s book The Leviathan in the State theory of Thomas Hobbes, displays a critical analysis that not only puts the above work in context, but also raises a question about Schmitt’s appropriation of Hobbes, an author who was considered a beacon of light by the former during his whole lifetime. Thus, the article undertakes a reconstitution of Schmitt´s relevance for Political Theory and Philosophy in recent years, and then develops (...) the way Hobbes was analysed in Schmitt´s essay. The interpretation of the Jurist is not innocent at all, and the propinquity to the English author in some issues could have allowed the former to reinforce his own arguments by using the latter as a mere strategic tool. The key question the article tries to elucidate is whether this re-appropriation was successful or not. (shrink)